Professional Documents
Culture Documents
Indicted before the MeTC, Branch 52, Caloocan City for unfair
competition under Article 189 of the Revised Penal Code were YAO,
who was TCCs President and General Manager, and Alfredo Roxas, a
member of TCCs Board of Directors. The indictment[if
!supportFootnotes][1][endif] charged YAO and Roxas of having mutually and in
This case was prosecuted by the law offices of Castillo Laman Tan and
Pantaleon for ... PEMCO ... Considering that no document was
submitted by the private complainant to show how the claim of
P300,000 for consequential damages was reached and/or computed,
the court is not in a position to make a pronouncement on the whole
amount. However, the offender, George Yao, is directed to pay
PEMCO the amount of P20,000 by way of consequential damages
under Article 2202 of the New Civil Code, and to pay the law offices of
Castillo, Laman Tan and Pantaleon the amount of another
P20,000.00 as PEMCOs attorneys fees under Article 2208 (11) of the
same.
This decision should have been promulgated in open court on July
28, 1993 but the promulgation was reset for August 31, 1993 in view
of the absence of parties; it was again re-set for today.
Proceeding from said assumption, Yao had fifteen (15) days from
August 16, 1994 to elevate his case to this Court. On August 30, 1994,
or fourteen (14) days thereafter, Yao filed a motion for
reconsideration. When he received the Order denying his aforesaid
motion on October 3, 1994, he had one more day left to elevate his
case to this Court by the proper mode of appeal, which is by petition
for review. Yao, however, on October 4, 1994, filed a notice of appeal
by registered mail informing the RTC that he is appealing his
conviction to the Court of Appeals. By then, the fifteen (15) day period
had already elapsed.
That notwithstanding, the Branch Clerk of Court, RTC, Branch 121,
transmitted to this Court the entire records of the case, thru a
transmittal letter, dated October 13, 1994, and received by the
Criminal Section of this Court on October 28, 1994. YAOs counsel, on
February 20, 1995, filed with this Court, a motion for extension of
period to file brief for accused-appellant which was granted in Our
resolution mentioned in the opening paragraph of this resolution.
Petitions for review shall be filed within the period to appeal. This
period has already elapsed even when Yao filed a notice of appeal by
registered mail, with the RTC of Kalookan City. Worse, the notice of
appeal is procedurally infirm.
YAO filed an Urgent Motion to Set Aside Entry of Judgment
contending that the 25 April 1995 resolution did not specifically
dismiss the appeal, for which reason, there was no judgment on
which an entry of judgment could be issued. He also argued that the
attendant procedural infirmities in the appeal, if any, were cured with
the issuance of the 28 February 1995 resolution granting him twenty
(20) days from 10 February 1995 or until 12 March 1995 within which
to file an appellants brief and in compliance thereto, consequently
filed his appellants brief on 2 March 1995.[if !supportFootnotes][15][endif]
In its Resolution[if !supportFootnotes][16][endif] of 26 January 1998, the
Court of Appeals denied the Urgent Motion to Set Aside the Entry of
Judgment for lack of merit. It considered the 25 April 1995 resolution
as having in effect dismissed the appeal, [hence] the Entry of
Judgment issued on May 26, 1995... was proper.
In this petition for review on certiorari, YAO reiterates the
arguments he raised in his Urgent Motion to Set Aside the Entry of
Judgment of the Court of Appeals, thus: (1) that the entry of
judgment was improvidently issued in the absence of a final
resolution specifically dismissing the appeal; (2) the procedural
infirmity in the appeal, if any, has been cured; and (3) the Court of
Appeals committed grave abuse of discretion amounting to lack of
jurisdiction in denying him (YAO) due process of law.
In support of his first argument, YAO cites Section 1, Rule 11 of
the Revised Internal Rules of the Court of Appeals, thus:
SEC. 1. Entry of Judgment. -- Unless a motion for reconsideration is
filed or an appeal is taken to the Supreme Court, judgments and final
resolutions of the Court of Appeals shall be entered upon the
expiration of fifteen (15) days after notice to parties.
YAO claims that the 25 April 1995 resolution of the Court of
Appeals was not a judgment on his appeal nor was it a final resolution
contemplated in the Internal Rules since it did not specifically
dismiss his appeal. A fortiori, the entry of judgment was
improvidently issued for lack of legal basis.
YAO also repeats his argument that any procedural infirmity in
the appeal was cured when the RTC gave due course to the appeal,
elevated the records to the Court of Appeals which in turn issued on
13 December 1994 a notice to file his Appellants Brief and granted
him until 12 March 1995 within which to file the appellants brief.
Finally, YAO asserts that he was denied due process considering
that (1) none of the elements of unfair competition are present in this
case; (2) he filed his appeal to the Court of Appeals within the
reglementary period; and (3) notwithstanding his filing of a notice of
appeal (instead of a petition for review), it was a mere procedural
lapse, a technicality which should not bar the determination of the
case based on intrinsic merits. YAO then invokes the plethora of
jurisprudence wherein the Supreme Court in the exercise of equity
jurisdiction decided to disregard technicalities; decided [the case] on
merits and not on technicalities; found manifest in the petition strong
considerations of substantial justice necessitating the relaxing of the
stringent application of technical rules, or heeded petitioners cry for
justice because the basic merits of the case warrant so, as where the
petition embodies justifying circumstances; discerned not to sacrifice
justice to technicality; discovered that the application of res judicata
and estoppel by judgment amount to a denial of justice and or a bar to
a vindication of a legitimate grievance.[if !supportFootnotes][17][endif]
In its Comment, the Office of the Solicitor General prays that the
petition should be dismissed for lack of merit. It maintains that
although the 25 April 1995 resolution did not specifically state that
the appeal was being dismissed, the intent and import are clear and
unequivocable. It asserts that the appeal was obviously dismissed
because the RTC decision has long become final and executory. YAO
failed to challenge the RTC decision, within the reglementary period,
by filing a petition for review of the same with the Court of appeals
pursuant to Section 1 of Rule 42 of the Rules of Court. Instead, he
filed an ordinary appeal by way of a notice of appeal. Hence, the
period to file the correct procedural remedy had lapsed.
There is no dispute that YAO availed of the wrong procedural
remedy in assailing the RTC decision. It is clear from the records that
YAO received a copy of the adverse RTC judgment on 16 August 1994.
He has fifteen (15) days or until 31 August 1994 within which to file
either a motion for reconsideration or a petition for review with the
Court of Appeals. Fourteen (14) days thereafter or on 30 August 1994,
YAO opted to file a motion for reconsideration the pendency of which
tolled the running of the period. He received a copy of the RTCs order
denying the motion for reconsideration on 3 October 1994. He had
therefore, only one day left, 4 October 1994 as the last day, within
which to file with the Court of Appeals a petition for review. [if
!supportFootnotes][18][endif] However, on said date, YAO filed a notice of
Thus the Court has struck down as void, decisions of lower courts
and even of the Court of Appeals whose careless disregard of the
constitutional behest exposed their sometimes cavalier attitude not
only to their magisterial responsibilities but likewise to their avowed
fealty to the Constitution.
Thus, we nullified or deemed to have failed to comply with
Section 14, Article VIII of the Constitution, a decision, resolution or
order which: contained no analysis of the evidence of the parties nor
reference to any legal basis in reaching its conclusions; contained
nothing more than a summary of the testimonies of the witnesses of
both parties;[if !supportFootnotes][41][endif] convicted the accused of libel but
failed to cite any legal authority or principle to support conclusions
that the letter in question was libelous;[if !supportFootnotes][42][endif]
consisted merely of one (1) paragraph with mostly sweeping
generalizations and failed to support its conclusion of parricide;[if
!supportFootnotes][43][endif] consisted of five (5) pages, three (3) pages of
which were quotations from the labor arbiters decision including the
dispositive portion and barely a page (two [2] short paragraphs of two
[2] sentences each) of its own discussion or reasonings[if
!supportFootnotes][44][endif]; was merely based on the findings of another